Abstract
The subject of this paper is one model developed in practice of theCourt of Bosnia and Herzegovina, and it is related to unconstitutional retroactiveimplementation of incrimination crimes against humanity. Foundationsof this problem are laid in the decisions of Hague Tribunal, andthen in the decisions of the European Court for Human Rights. These decisionsare afterwards accepted without any critique in practice of the Courtof Bosnia and Herzegovina in criminal proceedings led regarding this incrimination.This is the model of disturbed precedenting of the law. In thepaper this problem has been clarified by the author on one case from theCourt practice, which unfortunately is not the only example in reality. Theessence of this problem is in the Court sentencing verdicts reached againstindividuals. Namely, assertions that widespread and systematic attackagainst civilian population is carried out by the Army and Police of the Republicof Srpska are expounded in these verdicts, but not confirmed by validproofs and arguments. This is the way for criminal sentencing of not onlyindividuals (natural persons) but the Republic of Srpska as well, withoutenabling it to defend itself from such unfounded accusations. When theCourt of Bosnia and Herzegovina is trying to find arguments for such verdictsin the decisions of the Hague Tribunal and in the decisions of theEuropean Court of Human Rights, it is defective since decisions of these internationalinstitutions are defective as well. All this in final can cause seriousconsequences against the Republic of Srpska, which (these consequences)can be not only of criminal nature but of constitutional nature aswell.
Highlights
The subject of this paper is one model developed in practice of the Court of Bosnia and Herzegovina, and it is related to unconstitutional retroactive implementation of incrimination crimes against humanity
The subject of this paper is one form of practice developed through the practice of the Court of Bosnia and Herzegovina, and it refers to the unconstitutional retroactive implementation of incrimination crimes against humanity
In this part of the paper we shall focus our attention on an issue that can be formulated in the following way: what is the legal tool to fight against those who commited crimes against the civilian population in the
Summary
The subject of this paper is one form of practice developed through the practice of the Court of Bosnia and Herzegovina, and it refers to the unconstitutional retroactive implementation of incrimination crimes against humanity. The basis of all is the alleged strategic plan of creating the Republic of Srpska, which according to the Court of BiH primarily involves the use of fear and force for allegedly permanent removal of nonSerbs from the territory of the Republic of Srpska In respect to this claim of the Court of BiH we should bear in mind what we have just said, i.e. that the concept of the systematic nature of the attack, according to the Draft Code of Crimes against the Peace and Security of Mankind adopted by the International Law Commission of the United Nations, means that the individual actions of the attack are undertaken according to a previously prepared plan or policy, which in turn implies the existence of a particular organization (as the creator of such a plan or policy) that has control in some area. Concerning the notion of constituent peoples it is said that: "... in politological sense and within a specific state legal framework it implies a certain degree of autonomy from which derives the ability of a constituent entity to self-determination and independent action in areas relevant to the aspect of maintaining its constituent status, and the codetermination on equal basis with other constituent entities on matters of common interest5.” The roots of this notion can be found in the conclusions
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
